APPEAL OR A NEW APPLICATION?

Most Social Security disability claims are denied. If that happens, which is the better option: File an Appeal or file a new application?

Nearly always it's better to file an appeal.

Here are a few reasons why an appeal is better than a new application:

1. A new application will cost you time and money. You will probably lose much of your past due benefits with a new application.

2. A new application repeats ground you have already covered. It resets your waiting periods, takes you back through the same process that you have just finished.

3. A new application will probably be denied, too.

4. There are time limits on filing a new application, based on the date you stopped working and paying into Social Security. If you Date Last Insured has passed since you filed your first application, a new application may not be possible from a practical viewpoint.

5. A new application does not move your case upward toward a higher authority; it moves it laterally in the same processes in which you have already tried and failed.

On the other hand, an APPEAL does not repeat the same process you've already been through. It moves your case Upward to new decision makers and into new departments. An appeal moves you toward a HEARING before an Administrative Law Judge. Hearings are where the majority of disability cases get approved.

"A hearing is the ultimate goal for a denied claim. You only get to a hearing with the appeal process."

A hearing is also the only venue where you and your lawyer can actually meet with an executive decision maker and explain your case person-to-person before someone who has the authority to approve your benefits here and now.

SUMMARY: Never drop your case to file a new application (start from scratch) before speaking to an experienced Social Security disability attorney or advocate. It's usually the wrong move!

If you need help with a Social Security disability claim, appeal or hearing, contact The Forsythe Firm in Huntsville, AL. We serve the states of Alabama, Tennessee, Mississippi and Georgia. All we do is Social Security disability, nothing else. We are Social Security all day every day. Consultations are free and with no pressure. We will never ask you for money. For your FREE consultation, call (256) 799-0297.